How to Prepare a Power of Attorney for Property

At Optimize, we understand the importance of ensuring your financial affairs are managed seamlessly—especially in situations where you may be unable to make decisions yourself. A Power of Attorney (POA) for Property is a legal document that allows you to appoint a trusted person to manage your financial matters on your behalf.

This article will guide you step by step through how to complete the Power of Attorney for Property forms based on your province of residence. We cover both standard forms used across Canada (excluding Quebec) and the distinct requirements for residents of Quebec.

There are two different POA forms, depending on the province the client lives in:

• Canada (excluding Quebec)
• Quebec

Canada (excluding Quebec)

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Entering Donor Details

This section identifies the individual creating the Power of Attorney (POA) for Property. This person is known as the Donor (also referred to as the Maker, Grantor, or Mandator), and they are giving legal authority to another individual to act on their behalf in managing property or financial affairs.

• Full Name: Enter the full legal name of the individual creating the Power of Attorney. This should match the name used on official identification and legal records.

• Address (City, Province): Write the current city and province where the Donor resides. This provides geographic context to the POA and may be relevant for jurisdictional purposes.

Entering Attorney Details

This section is where you name the individual(s) you authorize to act on your behalf under the Power of Attorney for Property. You may appoint up to three Attorneys. These individuals will have the legal authority to manage your property and financial affairs, according to the terms of your POA.

• Full Name: Enter the full legal name of the Attorney you are appointing. This should be someone you trust to act responsibly and in your best interest.

• Address (City, Province): Write the Attorney’s city and province of residence. This helps validate their identity and confirms jurisdiction if legal matters arise.

Choosing How Your Attorneys Will Make Decisions

You must select how your Attorneys will act if more than one is appointed. Choose one of the following options:

• Majority Vote: Select this option if you want decisions to be made based on the majority agreement among your appointed Attorneys. This allows flexibility and avoids delays in decision-making if all parties are not in complete agreement.

• Unanimous Vote: Select this option if you require all Attorneys to agree unanimously on any decision. This ensures greater oversight but may cause delays if there is disagreement.

Entering Alternate Attorney Details

• First ALTERNATE Attorney – Full Name: Enter the full legal name of the first individual you wish to appoint as an Alternate Attorney.

• First ALTERNATE Attorney – Address (City, Province): Enter the city and province where this Alternate Attorney resides.

• Second ALTERNATE Attorney – Full Name: Enter the full legal name of the second individual you wish to appoint as an Alternate Attorney.

• Second ALTERNATE Attorney – Address (City, Province): Enter the city and province where this Alternate Attorney resides.

Entering Mental Incapacity Details

• One licensed physician declares that you are incapable of managing your affairs: Select this option if you want the determination of incapacity to be based on a declaration from one licensed physician.
• Two licensed physicians declare that you are incapable of managing your affairs: Select this option if you prefer that incapacity be confirmed by two independent medical professionals.
• Your attorney declares that you are incapable of managing your affairs: Select this option if you wish to give your named attorney the authority to determine your incapacity.

Specifying Attorney Powers

This section allows you to define the scope of authority granted to your Attorney. You may either assign full general authority or limit their powers by selecting only specific actions they can take on your behalf.

No: Choose this if you prefer to grant limited powers. You’ll need to individually select the areas where your Attorney will have authority, including:

• Real Estate: Permission to sell, mortgage, lease, or otherwise handle real estate or land.
• Home Expenses: Authorizes the Attorney to pay for any expenses that allow you to remain in your home as long as possible.
• Family Expenses: Allows for coverage of education, medical care, and other needs for you and your family members.
• Tax Matters: Grants the ability to take actions necessary to meet your tax obligations.
• Gifts for Family: Permits the Attorney to provide occasional gifts to family members.
• Gifts for Charity: Enables continued support to charities you’ve previously donated to.
• Business Investments: Includes voting as a proxy or managing any shares or investments you hold.
• Stocks and Bonds: Provides authority to manage, retain, or reinvest your securities.
• Employ Required Professionals: Allows the Attorney to hire professionals necessary for your or your family’s care.

If you have selected Yes to granting your Attorney General Authority, you may also choose to explicitly authorize additional powers. This allows you to reinforce which specific areas of your financial affairs your Attorney should have authority over—even with a general mandate in place.

You will now be asked:

Do you also want to give specific powers?

• • No: Select this if you are comfortable with your Attorney acting under general authority alone, without calling out individual areas of power.

  • Yes: Select this if you would like to also specify the areas where your Attorney should have clear and defined powers. The available options include:

    • Real Estate
    • Home Expenses
    • Family Expenses
    • Tax Matters
    • Gifts for Family
    • Gifts for Charity
    • Business Investments
    • Stocks and Bonds
    • Employ Required Professionals

Specifying Additional Powers

You may choose to grant your Attorney additional, customized authority that is not covered by the general or specific powers listed earlier. This section allows you to tailor powers to suit unique needs or specific circumstances.

Do you wish to create a customized Attorney Power?

• No: Select this option if you do not want to grant any additional or unique powers beyond those already provided.

• Yes: Select this option if you would like to grant a specific power that is not included elsewhere. When selecting Yes, you must clearly describe the power using full and complete sentences.

• For example: “I grant my Attorney the power to sell my house at 123 Main Street, Ottawa, ON.”

Specifying Restrictions

• Yes: If you choose to place restrictions on your Attorney’s authority, you may select from the following options or write your own:

  • I wish to live independently for as long as possible, and I instruct that my money be used to support that goal.
  • I restrict my Attorney’s investment decisions to government-issued savings bonds only.
  • I wish to add a customized restriction. Please describe the restriction clearly and in full sentences (e.g. “I restrict my Attorney from selling my house at 123 Main Street, Ottawa, ON”).

• No: Select this option if you do not wish to apply any restrictions to your Attorney’s powers.

Specifying Attorney Pay

• No: Select this option if you do not wish for your Attorney to receive any financial compensation for their work beyond reimbursement for reasonable expenses.

• Yes: If you wish to provide compensation for your Attorney’s work, you must indicate how they will be paid:

  • Out-of-pocket expenses only: The Attorney will only be reimbursed for personal expenses incurred while carrying out their duties.
  • At a rate set in law: The Attorney will be compensated according to the standard legal rate set by your province or territory.
  • I will specify: Use this only if neither of the above applies. You must clearly outline the compensation structure (e.g. “$100 per month” or “a one-time payment of $500 upon completion of duties”).

Quebec

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Entering Mandator Details

• Full Name: Enter the complete legal name of the person granting the authority. In Quebec, this person is referred to as the Mandator (also known as the donor, maker, or grantor).

• City/Town: Provide the name of the city or town where the Mandator currently resides.

• Province/Territory: Specify the province or territory of residence — this should reflect the Mandator's current address in Quebec.

Entering Mandatary Details

• Full Name (First Mandatary): Enter the complete legal name of the person you are appointing to act on your behalf. In Quebec, this individual is referred to as the Mandatary.

• City/Town (First Mandatary): Provide the city or town where the first Mandatary resides.

• Province/Territory (First Mandatary): Specify the province or territory of the first Mandatary’s residence.

• Full Name (Second Mandatary): If appointing a second Mandatary, enter their full legal name here.

• City/Town (Second Mandatary): Provide the city or town of residence for the second Mandatary.

• Province/Territory (Second Mandatary): Specify the province or territory of the second Mandatary’s residence.

• How will your Mandataries operate?

• All Mandataries must agree before an action is taken: This means that every named Mandatary must come to a unanimous decision before acting on your behalf.

• The Mandataries are free to act independently: Each Mandatary can make decisions and act on your behalf without requiring approval from the others.

• How will your Mandataries operate (ONLY if you have 3 Mandataries listed)?

• Unanimously: All three Mandataries must agree on every action before proceeding.

• By majority vote: Any two of the three Mandataries can agree and make decisions on your behalf.

Entering Substitute Mandatary Details

• No / Yes: Indicate whether you would like to name a Substitute Mandatary who can act if your primary Mandatary is unable or unwilling to serve.
• Full Name (First SUBSTITUTE Mandatary): Enter the full legal name of the first Substitute Mandatary you wish to appoint.
• City/Town (First SUBSTITUTE Mandatary): Enter the city or town of residence for the first Substitute Mandatary.
• Province/Territory (First SUBSTITUTE Mandatary): Enter the province or territory of residence for the first Substitute Mandatary.
• Full Name (Second SUBSTITUTE Mandatary): Enter the full legal name of the second Substitute Mandatary (if applicable).
• City/Town (Second SUBSTITUTE Mandatary): Enter the city or town of residence for the second Substitute Mandatary.
• Province/Territory (Second SUBSTITUTE Mandatary): Enter the province or territory of residence for the second Substitute Mandatary.

Specifying Housing Wishes in Case of Health Decline

• No / Yes: Indicate whether you would like to provide specific instructions for your Mandatary in the event that your health prevents you from continuing to live at home.
• Housing Wishes: If you selected "Yes," describe any preferences you have regarding your future living arrangements. This may include instructions about staying with family, entering assisted living, or choosing a specific type of care facility.

Specifying Health Care Decisions

• Do you want someone other than your Mandatary to consent to health care decisions when you are unable to do so?

• Full Name: Enter the full legal name of the person you are authorizing to make health care decisions.
• City/Town: Enter the city or town where this individual resides.
• Province/Territory: Enter the province or territory where this individual lives.

• Do you authorize your Mandatary to enter you into clinical trials?

• Select Yes or No to indicate whether your Mandatary can consent to your participation in clinical trials.

Specifying Last Wishes

• In all decisions concerning care at the end of my life, my Mandatary must consider (check off all that apply):
• My opposition to any therapy that needlessly worsens or prolongs my suffering and death. (Check this if you do not want life-prolonging treatments that cause more harm than comfort.)
• My wish to die with dignity, with the required care and comfort and medication to reduce suffering, even if it may accelerate my death. (Check this if you want palliative care prioritized, even if it shortens your life.)
• Other details or wishes. (Check this if you have additional instructions. A space will be provided to write them in.)

Specifying Administration of Property

• I grant my Mandatary the power to administer my property according to the Civil Code of Quebec’s rules of:

  • Simple Administration – Your Mandatary will require authorization from you to perform significant actions. They must safeguard and maintain the value of your property and make sound investments.

  • Full Administration – Your Mandatary will have broader powers to not only safeguard your assets but also grow and manage them. This includes the authority to loan, sell, mortgage, or modify your property and make investment decisions without your authorization.

• Authorize Mandatary to Act as Liquidator: Indicate whether you want your Mandatary to be authorized to act on your behalf as the liquidator of a succession (estate) if you receive such duties.

  • Check Yes to grant this authority
  • Check No if you do not want to grant this authority

• Restrict Mandatary from Selling Restricted Property: Indicate whether you want to restrict your Mandatary from selling specific moveable and/or immoveable (real estate) property, referred to as “Restricted Property.”

  • Check Yes if you want to apply these restrictions
  • Check No if no restrictions apply

Specifying Annual Reports Details

• Do you want your Mandatary to prepare an annual report?
  Indicate whether you want your Mandatary to submit an annual report outlining their actions.

  • Check Yes to request annual reporting
  • Check No to waive this requirement

• If Yes, reports should be sent to:

  • Full Name: Enter the name of the person who should receive the reports
  • City/Town: Enter the city or town of the recipient
  • Province/Territory: Enter the province or territory of the recipient

Specifying Mandatary Compensation

• Will your Mandatary be reimbursed for their expenses?
  Indicate whether you want to compensate your Mandatary for their time or expenses.

  • Check Yes if they will be paid or reimbursed
  • Check No if they will not receive compensation

• If Yes, provide details of the remuneration arrangement:

  • Use the space provided to describe the payment terms clearly and in complete sentences
  • Example: My Mandatary will be paid $1,000 per month in compensation
  • Include any limits, conditions, or timing for payments if applicable

Specifying Various Clauses

Check the desired options below that you would like to include in your Power of Attorney:

• I would like the revenue from my assets to be used to take care of my family financially

  • Check this box if you want your Mandatary to use the income from your assets to support your family.

• I want to be consulted on all decisions concerning my person and property

  • Check this box if you wish to be involved in decision-making as much as possible.

• I will be given a medical and psychological assessment every five (5) years in order to reassess my condition

  • Check this box to ensure periodic reviews of your health and capacity.

• If I regain capacity, my Mandatary will terminate this Mandate and cease to represent me

  • Check this box if you want your Mandatary's authority to end once you're able to manage your affairs again.